see the case from United States Court of Appeals, Eleventh Circuit

The appeal required the court to decide whether a loss of more than $1.7 million to scammers was covered under a commercial crime insurance policy. The Principle Solutions Group sought coverage under the “fraudulent instruction” provision of its policy with Ironshore Indemnity, Inc., which then denied Principle’s claim. Ironshore asserted that the scammer’s communications with the employee did not meet the conditions for a fraudulent instruction under the policy and that the loss did not result directly from the alleged fraudulent instruction, as the policy required .

The court disagreed that proximate causation is a question for the jury in the subject appeal, But “it may be decided as a matter of law where the evidence is clear and leads to only one reasonable conclusion.” Id. And the evidence in this appeal leads to only one reasonable conclusion: No unforeseeable cause intervened between Nazarian’s purported email and Principle’s loss. The loss unambiguously “resulted directly from” the fraudulent instruction.

Cyber computer claims are on the rise.

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